On January 23, Natural Products Insider quoted Matt Kaplan on the Ninth Circuit ruling in Dachauer v. NBTY, Inc. – a false advertising lawsuit against Nature’s Bounty involving claims related to its vitamin E supplements.

“The Ninth Circuit’s the first one that squarely addressed structure/function claims and said, ‘If it’s a proper structure/function claim, that gets pre-empted,'” Matt said, adding that “Plaintiffs can’t sue you because you [defendant] can’t prove what you’re saying. Plaintiffs have to sue you to say, ‘What you’re saying is actually false’ and have evidence that what you’re saying is actually false.”

Read the article here.

For additional information on Dachauer, read our January 2019 Client Alert here.